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Case Type – Criminal Injuries Compensation Claim

File Handler_______________________

Craig Newton – File Handler

Background ________________________

Mr C was assaulted, leaving him with a large scar on his face. The application was completed and submitted with a request for photos of the healed scarring soon after. Mr C provided clear photos of the healed scarring which were sent to the CICA for assessment.

An initial decision followed were the CICA awarded Mr C £2,400 for a ‘significant’ scar to the face.

Issues ________________________

The Criminal Injuries Compensation Scheme 2012 categorises scarring into two categories: ‘significant’ and ‘serious’ scar. However, there is no set definition of what the CICA considers to be a ‘significant’ or a ‘serious’ scar. Therefore in some instances, a scar can be awarded for being ‘significant’ when in fact the scar would be eligible as being a ‘serious’ scar.

In this instance, the photographs of the scarring were not conclusive that the scar should be classed as ‘significant’ and not ‘serious’. After discussing the decision with Mr C, we advised further up to date photos would be required before proceeding.

After reviewing the up to date photographs we advised Mr C that weshould apply for a review on the grounds that the scar qualifies as a ‘serious’ scar.

We completed a review form, raising the argument that the scar was substantial enough to meet the criteria of a ‘serious’ scar and therefore should receive the maximum award for this injury.

Outcome ________________________

As a result of our review application a new decision was received in which the CICA made an award of £11,000, the maximum possible award for this injury. This was an uplift of £8,600.00 on the client’s original offer.

Professional Opinion ________________________

Anyone, wanting further advice should contact our Criminal Injuries Compensation department.




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Higgs Newton Kenyon Solicitors is a trading name of UK Law Nationwide Ltd registered in England and Wales under number 08307355. Registered office, 6th Floor, Yorkshire House, 18 Chapel Street, Liverpool, L3 9AG. A list of directors is open for inspection at the registered officer. Any reference to a "Partner" is in reference to a Director or Shareholder of the company. Regulated by the Solicitors Regulation Authority under number 573571. Previously trading as UK Law Solicitors.

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